W.P. (Crl.) No. 129 of 2006. Case: Laxmi Vs Union of India and Others. Supreme Court (India)
| Case Number | W.P. (Crl.) No. 129 of 2006 |
| Judges | R.M. Lodha and Fakkir Mohamed Ibrahim Kalifulla, JJ. |
| Issue | Poisons Act, 1919; Code of Criminal Procedure, 1973 (CrPC) - Section 357A; Poisons Possession and Sale Rules, 2013 |
| Citation | 2013 (9) SCALE 291 |
| Judgement Date | July 18, 2013 |
| Court | Supreme Court (India) |
Judgment:
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On 6.2.2013, a direction was given to the Home Secretary, Ministry of Home Affairs associating the Secretary, Ministry of Chemical & Fertilizers to convene a meeting of the Chief Secretaries/concerned Secretaries of the State Governments and the Administrators of the Union Territories, inter alia, to discuss the following aspects:
(i) Enactment of appropriate provision for effective regulation of sale of acid in the States/Union Territories.
(ii) Measures for the proper treatment, after care and rehabilitation of the victims of acid attack and needs of acid attack victims.
(iii) Compensation payable to acid victims by the State/or creation of some separate fund for payment of compensation to the acid attack victims.
Following the order of 6.2.2013, three subsequent orders on 16.4.2013, 9.7.2013 and 16.7.2013 were passed by this Court.
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Various State Governments/Union Territories have filed their affidavits. The Union of India filed its last affidavit on 17.7.2013. Along with that affidavit, draft Model Rules entitled "The Poisons Possession and Sale Rules, 2013" (for short "Model Rules") have been placed on record. Mr. Mohan Parasaran, learned Attorney General states that the Central Government will circulate the Model Rules to regulate sale of acid and other corrosive substances framed under the Poisons Act, 1919 to all the State Governments and Union Territories within a week from today. He also states that Model. Rules will include, inter alia, the form of acids (liquids or crystalline and its concentration) that can be stored and sold, issue of licenses, procurement by individuals, educational and research institutions, hospitals, industries, Government Departments and departments of Public Sector Undertakings. We accept the statement made by the learned Solicitor General as noted above.
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Insofar as the States and Union Territories are concerned, we are informed that the States of Maharashtra, Karnataka, Kerala, Haryana, Punjab, Madhya Pradesh, Sikkim and Arunachal Pradesh have framed rules to regulate sale of acid and other corrosive substances. As regards state of Meghalaya, we find from the available record that draft rules have been prepared, a copy of which has been made available to the Court.
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Learned counsel for the State of Tamil Nadu has stated before us that within two months from today, appropriate rules to regularise sale of acid and other corrosive substances shall be framed.
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In our opinion, all the...
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